The Required Working Hours Under Labor Laws

by Natalie Grace, Demand Media

Use an efficient timekeeping system to track your employees' work hours.

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The Wage and Hour Division of the U.S. Department of Labor oversees federal employment laws. Prevailing federal law on working hours is the Fair Labor Standards Act, known as FLSA. State labor departments administer state labor laws, which are sometimes more stringent than federal law. The number of working hours for employees depends to some degree on whether federal or state restrictions apply.

Regular Hours

Under the Fair Labor Standards Act, regular hours are those up to 40 for the workweek, which is a recurring period of seven straight days. According to the U.S. Department of Labor, the FLSA does not restrict the number of hours that employees age 16 and over may work in a day or week. Unless an employment contract says otherwise, you may schedule those employees’ hours according to the needs of your business. State laws vary considerably, so consult the labor department in your state for its definition of “workweek,” and for its regulations on employees’ working hours.

Overtime Hours

The Fair Labor Standards Act defines overtime hours as those over 40 for the workweek. Since the FLSA does not restrict the number of hours you may schedule employees age 16 and over to work, under federal law, you can make overtime mandatory for those employees. The state might have its own overtime laws that affect how you schedule such hours. For example, in Maine, an employer cannot mandate an employee to work more than 80 overtime hours in consecutive two-week periods. In Wisconsin, overtime can be made mandatory. As of the date of publication, the American Federation of Teachers says 17 states have implemented legislation or regulations that place restrictions on the application of mandatory overtime for nurses. In some cases, a state might view overtime as hours that exceed a certain number for a single day, or hours worked on the seventh straight day of the week.

Child Labor

The child labor provisions of the FLSA restrict the type of jobs and the number of hours you're allowed to require employees below the age of 16 to work. The act outlines the hours such employees may work on school days, and during school weeks and non-school weeks. The restrictions depend on whether the employee works in an agricultural or non-agricultural field. A state might have child labor provisions as well.

Breaks

Federal law doesn't mandate breaks, even for meals, but some states do. Your state might have laws that say you must give your employees breaks and lunch periods after they have worked a specific number of consecutive hours for the day.

Disabled Employees

If overtime is an important part of an employee’s job, and the employee claims to have a disability that prevents him from working overtime, the Americans with Disabilities Act might require that you allow him to opt out of working overtime. If the act does not require that you make an exception for him, you might have to accommodate him under the Family Medical Leave Act if the overtime exclusion is temporary and is due to his condition. If overtime is not a key part of his job, you may have to make reasonable accommodations for him, such as reducing his work hours or modifying his work shift. The act defines disability and some of the conditions that qualify as such, but because there are so many possible impairments, it does not state all of them.

Considerations

Before you implement policies on required work hours, speak with an employment consultant to ensure that you develop clear and legal standards. At the very least, consult the federal or state labor department for clarification.

About the Author

Natalie Grace has been writing professionally since 2009. Her academic writings have been featured in several prominent national publications, which are available to schools and libraries. Grace has more than 10 years of experience in payroll-and-benefits administration, human resources and accounting. She writes regularly on these and other business-related topics for websites and private clients.

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